Hsieh

INTRODUCTION

Chih Wu Hsieh (Chih)1 appeals from a judgment in favor of his son, Yannik Hsieh, also known as Jason Hsieh (Jason), entered after the trial court found his action alleging a fraudulent transfer was barred by the statute of limitations under the Uniform Fraudulent Transfer Act (UFTA; Civ. Code, § 3439 et seq.).2 This case arises out of the transfer of over $5 million in community property by Chih’s former wife, Jui Chih Wang Hsieh, also known as Ruth Jui Chih Hsieh (Ruth), to the couple’s sons, Jason and John Hsieh (John). On appeal, Chih contends that the statute of limitations only started to run once he obtained a judgment in 2010 in a family court separation action awarding him 100 percent of the marital community property as his separate property, and therefore this action filed in 2011 was timely. At the heart of this case is whether California’s adoption of the UFTA in 1986 supplemented or replaced the prior common law remedy to redress fraudulent conveyances.3 Chih contends that the common law cause of action survives, citing to post-UFTA decisions in Cortez v. Vogt (1997) 52 Cal.App.4th 917 (Cortez) and Macedo v. Bosio (2001) 86 Cal.App.4th 1044 (Macedo). In…